There are two main areas in which Congress can enact meaningful reform. The first is to rein in regulatory guidance documents, which we refer to as “regulatory dark matter,” whereby agencies regulate through Federal Register notices, guidance documents, and other means outside standard rulemaking procedure. The second is to enact a series of reforms to increase agency transparency and accountability of all regulation and guidance. These include annual regulatory report cards for rulemaking agencies and regulatory cost estimates from the Office of Management and Budget for more than just a small subset of rules.
In 2019, President Trump signed two executive orders aimed at stopping the practice of agencies using guidance documents to effectively implement policy without going through the legally required notice and comment process.
Featured Posts
Blog
Free the Economy podcast: Highway robbery with David Ditch
In this week’s episode we cover how to make the moral case for capitalism, affordable housing via regulatory reform, and tracking…
Blog
Deregulation by the numbers: One-third into 2026 — a rulebook rewrite?
At the close of the first third of the year, a spring 2026 Unified Agenda formally outlining agency priorities has yet to appear. In fact,…
Blog
The week in regulations: Marine terminal fires and marijuana rescheduling
The Federal Reserve held interest rates steady, and outgoing Chairman Jerome Powell will remain on the Fed’s Board of Governors when Kevin Warsh takes over.
Search Posts
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CEI’s Battered Business Bureau: The Week in Regulation
After several years and multiple lawsuits, the TSA deigned to issue a formal rule for its use of full-body scanners. CEI’s Marc Scribner finds that the…
Forbes
Nobody Knows The Cost Of Antitrust Regulation, And That’s Bad
Antitrust regulation is hardly insignificant, and its costs need to be recognized in today’s world. We’ve seen interference into ATT‘s attempted merger with T-Mobile, delays…
Blog
Barack Obama as FCC Chairman
The saga of executive branch overreach continues, and we got a twofer today. The House Judiciary Task Force on Executive Overreach held a hearing this…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
As the 2016 Federal Register passed the 10,000-page mark, new regulations cover everything from salmon to wine. On to the data: Last week, 67 new final regulations…
Products
Big, bloated government
The Pittsburg Trib cites Wayne Crews's study on the federal regulatory state. It gets worse. Clyde Wayne Crews of the Competitive Enterprise Institute…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
It was a short work week in Washington due to George Washington’s Birthday, also known as President’s Day. Even so, federal agencies still published new…
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
- Consumer Freedom
- Deregulation
Ryan Young
Senior Economist and Director of Publications
- Antitrust
- Business and Government
- Regulatory Reform
Fred L. Smith, Jr.
Founder; Chairman Emeritus
- Automobiles and Roads
- Aviation
- Business and Government
Sam Kazman
Counsel Emeritus
- Antitrust
- Automobiles and Roads
- Banking and Finance
Marlo Lewis, Jr.
Senior Fellow
- Climate
- Energy
- Energy and Environment